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Books : Nonfiction : Law : Procedures & Litigation : Jury
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In "We, the Jury," the jurors in the Scott Peterson case tell, for the first time, what life was like at the center of this sensational murder trial.
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In the American judicial system, jurors hold an awesome responsibility. They have the power to grant millions of dollars in damages, to declare someone guilty or not guilty of a crime, and, in some states, to decide if another human being should live or die.
The twelve real-life court cases presented here not only offer students a fascinating inside look at the court system, they give them the opportunity to step into the jury box and experience American justice in action. All the key factors of jury trials are discussed: expert witnesses, the allowance of certain kinds of evidence, claims of diminished capacity, and much more. Each case is followed by a series of interactive questions that test readers’ knowledge of the issues involved. And at the end of each chapter students will find out how the real jury decided—and why. As entertaining as it is educational, You’re the Jury offers a hands-on introduction to a unique aspect of the American legal system.
Norbert Ehrenfreund has served as a judge for seventeen years in the Superior Court of California. Lawrence Treat is a founder and former president of the Mystery Writers of America, a three-time Edgar Allan Poe Award winner, and the author of the highly successful Crime and Puzzlement series.
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Although the right to trial by jury is enshrined in the U.S. Constitution, in recent years both criminal and civil juries have been criticized as incompetent, biased, and irresponsible. For example, the O.J. Simpson criminal jury's verdict produced a racial divide in opinions about that trial. And many Americans still hold strong views about the jury that awarded millions of dollars to a woman who spilled a cup of McDonald's coffee on herself. It's said that there are "judicial hellholes" where local juries provide "jackpot justice" in medical malpractice and product liability cases with corporate defendants. Are these claims valid? This monumental and comprehensive volume reviews over fifty years of empirical research on civil and criminal juries and returns a verdict that strongly supports the jury system. Rather than relying on anecdotes, Vidmar and Hans--renowned scholars of the jury system--place the jury system in its historical and contemporary context, giving the stories behind important trials while providing fact-based answers to critical questions. How do juries make decisions and how do their verdicts compare to those of trial judges and technical experts? What roles do jury consultants play in influencing trial outcomes? Can juries understand complex expert testimony? Under which circumstances do capital juries decide to sentence a defendant to die? Are juries biased against doctors and big business? Should juries be allowed to give punitive damages? How do juries respond to the insanity defense? Do jurors ignore the law? Finally, the authors consider various suggestions for improving the way that juries are asked to carry out their duties. After briefly comparing the American jury to its counterparts in other nations, they conclude that our jury system, despite occasional problems, is, on balance, fair and democratic, and should remain an indispensable component of the judicial process for the foreseeable future.
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With a life in the balance, a jury convicts a man of murder and now has to decide whether he should be put to death. Twelve people now face a momentous choice.
Bringing drama to life, A Life and Death Decision gives unique insight into how a jury deliberates. We feel the passions, anger, and despair as the jurors grapple with legal, moral, and personal dilemmas. The jurors’ voices are compelling. From the idealist to the “holdout,” the individual stories—of how and why they voted for life or death—drive the narrative. The reader is right there siding with one or another juror in this riveting read.
From movies to novels to television, juries fascinate. Focusing on a single case, Sundby sheds light on broader issues, including the roles of race, class, and gender in the justice system. With death penalty cases consistently in the news, this is an important window on how real jurors deliberate about a pressing national issue.
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Does the jury system work? Going beyond the trials splashed across the headlines, this magisterial book uses fascinating cases from throughout American history to address fundamental questions about the jury system--and to show that jurors are often smarter than lawyers or the public frequently assume.
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In this work, Hans and Vidmar review the historical evolution of the trial jury, the contemporary role of the jury in the American criminal justice system, and future prospects for the jury as an institutional force. (Choice)
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Discusses race-conscious jury selection and highlights strategies for achieving racially mixed juries.
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Are scientific expert witnesses partisans, or spokesmen for objective science? This ambiguity has troubled the relations between scientists and the legal system for more than 200 years. Modern expert testimony first appeared in the late eighteenth century, and while its use steadily increased throughout the nineteenth century, in cases involving everything from patents to X-rays, the respect paid to it steadily declined, inside and outside of the courtroom. With deep learning and wry humor, Tal Golan tells stories of courtroom drama and confusion and media jeering on both sides of the Atlantic, until the start of the twenty-first century, as the courts still search for ways that will allow them to distinguish between good and bad science.
(20040828)
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Neil Duxbury examines how precedents constrain legal decision-makers and how legal decision-makers relax and avoid those constraints. There is no single principle or theory which explains the authority of precedent but rather a number of arguments which raise rebuttable presumptions in favour of precedent-following. This book examines the force and the limitations of these arguments and shows that although the principal requirement of the doctrine of precedent is that courts respect earlier judicial decisions on materially identical facts, the doctrine also requires courts to depart from such decisions when following them would perpetuate legal error or injustice. Not only do judicial precedents not 'bind' judges in the classical-positivist sense, but, were they to do so, they would be ill suited to common-law decision-making. Combining historical inquiry and philosophical analysis, this book will assist anyone seeking to understand how precedent operates as a common-law doctrine.
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"A thought-provoking book on how accurately criminal law and its application reflect our sense of justice...an excellent text."
—Barry N. Sweet, The Law and Politics Book ReviewA police trooper inspects a car during a routine traffic stop and finds a vast cache of weapons, complete with automatic rifles, thousands of rounds of ammunition, and black ski masks-a veritable bank robber's kit. Should the men in the car be charged? If so, with what?
A son neglects to care for his elderly mother, whose emaciated form is discovered shortly before she dies a painful death. Is the son's neglect punishable, and if so how?
A career con man writes one bad check too many and is sentenced to life in prison-for a check in the amount of $129.75. Is this just?
A thief steals a backpack, only to find it contains a terrorist bomb. He alerts the police and saves lives, transforming himself from petty criminal to national hero.
These are just a few of the many provocative cases that Paul Robinson presents and unravels in Would You Convict?
Judging crimes and meting out punishment has long been an informal national pasttime. High-profile crimes or particularly brutal ones invariably prompt endless debate, in newspapers, on television, in coffee shops, and on front porches. Our very nature inclines us to be armchair judges, freely waving our metaphorical gavels and opining as to the innocence or guilt-and suitable punishment-of alleged criminals.
Confronting this impulse, Paul Robinson here presents a series of unusual episodes that not only challenged the law, but that defy a facile or knee-jerk verdict. Narrating the facts in compelling, but detached detail, Robinson invites readers to sentence the transgressor (or not), before revealing the final outcome of the case.
The cases described in Would You Convict? engage, shock, even repel. Without a doubt, they will challenge you and your belief system. And the way in which juries and judges have resolved them will almost certainly surprise you.
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"The Hidden Jury couldn’t be more timely or more urgently needed."--from the introduction by Johnnie Cochran
Why do guilty defendants go free?
Why do juries award huge sums for ridiculous lawsuits?
Who really controls the verdict of a trial?
The most powerful people in today’s jury trials aren’t lawyers, judges, plaintiffs or defendants. Their names don’t even appear on the court record. Yet their presence and opinions shape the way that court cases are fought, and can even change the outcome of a trial. They are the hidden jury, the most influential new force in the American legal system.
For the first time, The Hidden Jury exposes the truth about mock juries and other tactics that lawyers and trial consultants use to mold a trial to their benefit. Drawing on experience gained from such high-profile cases as the O.J. Simpson trial, Whitewater and the Heidi Fleiss trial, leading trial consultant and jury expert Paul M. Lisnek reveals goes behind the scenes of the American justice system to reveal:
--How lawyers get the juries they need to win
--The mock trials that really decide the fate of the verdict
--The trial services wealthy clients can afford to buy
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NOT GUIILTY EVERY TIME Keys To Courtroom Victory is an insiders view of what it is like to try real cases in front of real juries. It is written by by a seasoned trial attorney who has won an unbelievable 85% of all felony cases he has taken to jury trial!The book portrays 12 cases tried by the author all resulting in 12 wins and 12 free clients. The book is complete with verbatim jury questions, opening statements, and closing arguments from the cases tried in the Jefferson County Circuit Courts. The book includes Table of Contents, Glossary of legal terms, and a case description and case synopsis on each case cited. It also includes a brief history on reasonable doubt and the presumption of innocence, two keys to victory that the lawyer and author opines other lawyers don't use enough. The 12 cases portrayed include felony theft (2 cases), felony assault (2 cases), murder, drug trafficking (2 cases), grave desecration and criminal mischief, trafficking in stolen automobiles (by an inmate), rape-sodomy-kidnapping, and sodomy & sexual abuse.
In half of the cases portrayed, the defendants, who were convicted felons, did not take the stand and testify and still won their cases.
The book is power packed and riveted with dynamic opening statements, meaningful jury questions, and winning closing arguments. Well-written, entertaining, and highly recommended reading for every new lawyer. Just like being in the courtroom at each one of the 12 trials.
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Feigenson analyzes both the words lawyers use to help jurors assign bl ame and the words jurors themselves use as they make decisions. With a minimal use of jargon, the author summarizes the leading research fro m social and cognitive psychology to show how everyday habits of thoug ht and feeling inform jurors' decisions. Contrary to common stereotype s about jurors, jurors integrate their thoughts and feelings to reach decisions that are usually correct enough by legal standards, although not always for what the law would consider the right reasons. Legal B lame provides a nuanced appreciation of the civil jury, with clear exa mples and in-depth analysis of how jurors help make tort law.
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The Chicago Conspiracy Trial of eight men, including Tom Hayden, Bobby Seale, Abbie Hoffman and Jerry Rubin, for allegedly inciting anti-war riots during the 1968 Democratic Convention, was one of the most dramatic trials in the USA's history. This book provides a complete account of that trial as well as the events surrounding it. The author, John Schultz, witnessed the entire proceeding, and obtained the story of how Judge Hoffman successfully intimidated the jury.
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In this landmark book, Neil Vidmar looks beyond the common perceptions of medical malpractice litigation and finds a system that is fair, impartial, and intelligent. Firmly grounded in a wealth of empirical data, the author presents a fresh look at a civil jury system that has been maligned as out-of-touch, capricious, and disposed to awarding exorbitant, unjustified amounts to plaintiffs whenever they have the opportunity. In an era when tort reform is high on the congressional agenda, Medical Malpractice and the American Jury is almost alone in voicing reason and fact.Written in a thoroughly inviting, jargon-free style, Medical Malpractice and the American Jury places those cases that go to trial in the broader context of litigation, noting that only about ten percent of malpractice cases ever result in trials. Of those that do go to trial, the author notes, more than two out of three cases are decided in the doctor's favor--repudiating the view that jurors are inherently biased against doctors and are motivated more by sympathy for the plaintiff than by the facts of the case.Neil Vidmar comprehensively addresses all the claims that have been leveled against the performance of malpractice juries. For example, he compares actual jury decisions on negligence with neutral physicians' ratings of whether negligence occurred in the medical treatment and finds a remarkable consistency--repudiating the view that jurors are unable to understand experts or uncritically defer to their opinion."Medical Malpractice and the American Jury is quite simply the most compelling, comprehensive examination of the American jury system yet written. It brings reason and fact to the debate in a way that puts the lie to the many myths surrounding medical negligence cases. For anyone genuinely interested in just solutions, this book should be required reading. To act in ignorance of its findings invites disaster." --Trial"For anyone really interested in the evidence about the daily grind of the courthouse mill, Neil Vidmar's Medical Malpractice and the American Jury is a good place to start." --Washington Post Book WorldNeil Vidmar is Professor of Social Science and Law, Duke Law School, and Professor of Psychology, Duke University.
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The authors provide a thorough review of the most common techniques used to select jurors, and a critical evaluation of the ultimate effectiveness of these methods. This critique is based upon an examination of the social science literature. Psychologists and other social scientists as well as practicing trial consultants who read the book should gain a better understanding of the current state of research relevant to scientific jury selection, and areas where new research needs to be conducted to advance the field. Attorneys who read the book should be better able to decide whether or not to hire consultants to assist in future litigation, and if so, what types of services these consultants should provide.
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"Potts has captured the personal conflicts and shared commitment to the rule of law in a precedent-setting trial of a stone cold serial killer, revealing many insightful details I never knew existed. And it was my case!"
- Pat Dingle, Homicide Detective,
Ret. North Las Vegas Police DepartmentIn the late 1970s, a crime wave swept California. Several young girls were kidnapped, brutally raped, and murdered. Michael Dee Mattson, a drug addict with severe emotional problems, was convicted of these crimes and sentenced to be executed in California's gas chamber. James Potts, an aspiring young attorney still coming to terms with the rape of his own younger sister, is asked to find a way to get Mattson's conviction overturned.
After making a discovery that could potentially set Mattson free to rape and kill again, Potts struggles with his own moral dilemma: Use this information to free Mattson or let him languish on death row.